Very recently, I was again interviewed on the topic “bullying” and “cyberbullying.” As I am now, likewise personally dealing with this issue due to a concern brought to my attention just a couple of days ago, it may be worthwhile to revisit again our laws and rules on bullying and cyberbullying.
On September 12, 2013, Republic Act 10627, otherwise known as the “An Act Requiring All Elementary and Secondary Schools to Adopt Policies to Prevent and Address the Acts of Bullying in their Institutions,” was signed into law by President Aquino. With its publication in the Official Gazette on September 18, 2013, and subsequent publication in at least two newspapers of general circulation, this took effect on October 4, 2013.
The Implementing Rules and Regulations, likewise, was immediately drafted and issued by Education Secretary Bro. Armin A. Luistro, FSC, through the efforts of Education Undersecretary Alberto T. Muyot. It may also be important to note that the Department of Education has already issued clear antibullying policies even prior to the enactment of RA 10627 with the issuance of its DepEd Order 40, Series of 2012.
So what is bullying under the law?
Bullying is defined as “any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act of gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to the following:
“A. Any unwanted physical contact between the bully and the victim;
- Any act that causes damage to a victim’s psyche and/or emotional well-being;
- Any slanderous statement or accusation that causes the victim undue emotional distress, like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks and body; and
- Cyberbullying or any bullying done through the use of technology or any electronic means.”
This definition appears to be very clear and straightforward. But what must be emphasized here is that bullying may not only be committed by means of inflicting physical harm but also by way of causing emotional harm or “damage to a victim’s psyche and/or emotional well-being.”
But what if the bullying, in a hypothetical case, consists of making “nasty comments” electronically (posting of comments in a Facebook account) directed to a group of students and not just to one particular individual and that there is only one student who is emotionally distressed by the “nasty comments” (as the other students in the group for some reason has a different take on the “nasty comments” by the bully)—is there still cyberbullying?
The answer should be “yes”. So long as all the elements of bullying are present (and in this hypothetical case, the act should fall under enumeration letters (b), (c) and (d), then that lone student who is emotionally distressed may validly commence a complaint for cyberbullying.
We really commend the passage of this law as it now “gives more teeth to the DepEd” in implementing the same not only in our public schools but also in private schools. Thus, Section 6 of RA 10627 provides that “erring private schools” may “suffer the penalty of suspension of their permits to operate” in the event they fail to comply with the provisions of said law.
This column should not be taken as a legal advice applicable to any particular case, as each case is unique and should be construed in light of the attending circumstances surrounding such particular case.
Lawyer Toni Umali is the current assistant secretary for Legal and Legislative Affairs of the DepEd. He is licensed to practice law not only in the Philippines, but also in the state of California and some federal courts in the United States after passing the California State Bar Examinations in 2004. He has served as a legal consultant to several legislators and local chief executives. As education assistant secretary, he was instrumental in the passage of the K to 12 law and the issuance of its implementing rules and regulations. He is also the alternate spokesman of the DepEd.
1 comment
Thank you for clearing that up, sir. Mabuti na may proteksyon ang mga anak natin sa eskwela at matigil na ang bullying, lalo na ang cyber-bullying.